Commission Implementing Regulation (EU) No 402/2013Show full title

Article 15 U.K. Safety assessment reports

1. The assessment body shall provide the proposer with a safety assessment report in accordance with the requirements set out in Annex III. The proposer shall be responsible for determining if and how to take into account the conclusions of the safety assessment report for the safety acceptance of the assessed change. The proposer shall justify and document the part of the safety assessment report for which the proposer eventually disagrees.

2. In the case referred to in point (b) of Article 2(3), in accordance with paragraph 5 of this Article, the declaration referred to in Article 16 shall be accepted by the national safety authority in its decision to authorise the placing in service of structural subsystems and vehicles.

3. [F1 The] national safety authority may not request additional checks or risk analyses unless it is able to demonstrate the existence of a substantial safety risk.

4. [F2 Where the application of this Regulation or part of this Regulation is required by a relevant NTSN], in accordance with paragraph 5 of this Article, the declaration referred to in Article 16 shall be accepted by the [F3 approved body] in charge of delivering the conformity certificate, unless it justifies and documents its doubts concerning the assumptions made or the appropriateness of the results.

5. When a system or part of a system has already been accepted following the risk management process specified in this Regulation, the resulting safety assessment report shall not be called into question by any other assessment body in charge of performing a new assessment for the same system. Mutual recognition shall be conditional upon demonstration that the system will be used under the same functional, operational and environmental conditions as the already accepted system, and that equivalent risk acceptance criteria have been applied.

Textual Amendments

F1 Word in Art. 15(3) substituted (E.W.S) (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 16(13)(a) (as substituted by S.I. 2019/1310, regs. 1(2)(c), 7(4)(e)); 2020 c. 1, Sch. 5 para. 1(1); and word in Art. 15(3) substituted (N.I.) (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 21(13)(a) (as substituted by S.I. 2019/1310, regs. 1(2)(c), 7(7)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 15(4) substituted (E.W.S) (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 16(13)(b)(i) (as substituted by S.I. 2019/1310, regs. 1(2)(c), 7(4)(e)); 2020 c. 1, Sch. 5 para. 1(1); and words in Art. 15(4) substituted (N.I.) (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 21(13)(b)(i) (as substituted by S.I. 2019/1310, regs. 1(2)(c), 7(7)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 15(4) substituted (E.W.S) (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 16(13)(b)(ii) (as substituted by S.I. 2019/1310, regs. 1(2)(c), 7(4)(e)); 2020 c. 1, Sch. 5 para. 1(1); and words in Art. 15(4) substituted (N.I.) (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 21(13)(b)(ii) (as substituted by S.I. 2019/1310, regs. 1(2)(c), 7(7)(e)); 2020 c. 1, Sch. 5 para. 1(1)